Re Livingstone v Livingstone

The High Court of New Zealand dealt with two applications for access to archived divorce files dating from 1921 and 1947, respectively, deposited with Archives New Zealand. The applicants sought access for family research purposes. The files were subject to a 100-year access restriction under the Public Records Act 2005, and the court had to decide whether the applications should be granted under the High Court Rules. The court considered the nature and purpose of the applications, the protection of confidentiality and privacy interests, the principle of open justice, and the restriction on access under rule 3.12. The court determined that the principle of open justice did not significantly engage with these applications as they did not involve the reporting or commenting on court hearings and decisions. Instead, the court focused on the protection of confidentiality and privacy interests and the freedom of the applicants to seek, receive, and impart information. The court found that the files contained personal and intimate information about the parties, which they would not wish to be made public. The court also considered the issue of whether certain obligations of confidentiality may survive the death of the individuals concerned. Ultimately, the court granted access to the 1921 file in its entirety, as the privacy interests and obligations of confidentiality had lessened over time. The court granted access to the 1947 file, except for the information contained in the "Medical report" envelope, as the doctor/patient confidentiality obligation still existed in those particular circumstances.